scholarly journals Rights of Man, Rights of God: An Unavoidable Tension?

2021 ◽  
Vol 15 (3) ◽  
pp. 241-255
Author(s):  
Silvio Ferrari
Keyword(s):  
Human Rights ◽  
The Other ◽  
Other Hand ◽  
The Will ◽  
The One ◽  
International Conventions ◽  
Religious Obligation ◽  
Will Of God

Abstract The conflicts between rights of God and rights of man are on the rise. On the one hand, there are some rights that are qualified as human rights in the most important international conventions and in many national constitutions. As such, they are to be respected always and everywhere. On the other hand, there are rights that are directly or indirectly attributed to the will of God. Their respect is regarded as a religious obligation to be upheld even when it implies the violation of human rights. These are the terms of the conflict and the fact that they sink their roots in non-negotiable beliefs—rights related to the very nature of man versus rights dependent on the will of God—makes this conflict particularly serious and complex. This article discusses the structural and historical causes of this conflict and proposes a few strategies to reduce the tensions between these two sets of rights.

Droits de l’homme, droits de Dieu : Une inévitable tension ?

2018 ◽  
Vol 65 (1) ◽  
pp. 11-24 ◽  
Author(s):  
Silvio Ferrari
Keyword(s):  
Human Rights ◽  
The Other ◽  
Other Hand ◽  
The Will ◽  
The One ◽  
International Conventions ◽  
Religious Obligation ◽  
Will Of God

The conflicts between rights of God and human rights are on the rise. On the one hand, there are some rights that are qualified as human rights in the most important international conventions and in many national constitutions. As such, they are to be respected always and everywhere. On the other hand, there are rights that are directly or indirectly attributed to the will of God. Their respect is regarded as a religious obligation to be upheld even when it implies the violation of human rights. These are the terms of the conflict and the fact that they sink their roots in non-negotiable beliefs – rights related to the very nature of man vs. rights dependent on the will of God–makes this conflict particularly serious and complex. This article discusses the structural and historical causes of this conflict and proposes a few strategies to reduce the tensions between these two sets of rights.

scholarly journals God se antwoord op geweld en land in Deuteronomium

2015 ◽  
Vol 49 (1) ◽  
Author(s):  
J.L. Helberg ◽  
Chris Van der Walt
Keyword(s):  
The Other ◽  
Preferential Treatment ◽  
Promised Land ◽  
The Earth ◽  
Other Hand ◽  
The Will ◽  
The Law ◽  
Human Responsibility ◽  
The One ◽  
Will Of God

Deuteronomium getuig van God se besondere liefde soos Hy dit in verband met die Beloofde Land aan Israel betoon het. Sy bevoorregting van Israel asook sy betrokkenheid by geweld roep egter baie vrae en bespreking op. Twee aspekte wat nie in die besprekings daarvan werklik aandag kry nie, word in hierdie artikel ondersoek: enersyds die verantwoordelikheid en/of skuld van die menslike partye en andersyds dié van God. Die bevindinge is: (1) Nie die nasies of Israel kan God verwyt nie, want die nasies tree self gewelddadig en eksploiterend teenoor mekaar op. Mense bewoon die aarde ten koste van ander mense en ook ten koste van die aardeself. Hulle tree hardnekkig en opstandig op teen die Wet en die wil van God wat die beste vir hulle bedoel. Tog is God in beheer van alles wat gebeur, Hy is onbegryplik en sonder blaam, selfs wanneer Hy in en deur die sondige werklikheid optree. (2) Deuteronomium praat van God se krasse geweld én oorweldigende liefde en verkondig dat Hy die verantwoordelikheid en skuld van die sondige, opstandige mensdom op Hom neem. Hierop gee die Dienaarliedere van Jesaja nog duideliker lig. God moet veral teen hierdie positiewe getuienis waardeer word. Dit is Hy wat aan die werk is en daarom moet die situasie vanuit die oogpunt soos Hy Homself bekend maak, beoordeel word.God, violence, and land in Deuteronomy. Deuteronomy attests of God’s exceptional love as proven to Israel in connection with the Promised Land. However, his preferential treatment of Israel and his involvement in violence invokes many questions and much debate. This article investigates two aspects, which do not really receive attention in the debate: on the one hand, human responsibility and guilt, and on the other hand that of God. The findings are: (1) Neither the nations nor Israel can reproach God, for they themselves act violently and exploitingly. They inhabit the earth at the expense of others and of the earth itself. They act obstinately toward the Law and the will of God, who has the best in mind for them. Even so,God is without blame, incomprehensibly in control of all that happens, even when he acts in and through the use of the sinful reality. (2) Deuteronomy testifies about God’s severe violence ánd overpowering love. It is implicitly stated that God takes the responsibility and blame of sinful and rebellious humanity upon himself. The servant songs of Isaiah shed even more light on this issue. God must especially be appreciated by these positive testimonies and with complete trust in his unfathomable power and grace.

scholarly journals Dilemmas about the scope of the Act on Prevention of Domestic Violence from a human rights perspective

2020 ◽  
Vol 66 (4/2019) ◽  
pp. 193-206
Author(s):  
Darko Simović
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Legal System ◽  
Legal Framework ◽  
The Other ◽  
Effective Prevention ◽  
Other Hand ◽  
International Obligations ◽  
The Republic ◽  
The One

The adoption of the Act on Prevention of Domestic Violence was driven by the creation of a more effective legal framework for the protection of victims of domestic violence, and, therefore, also by the alignment of the legal system of the Republic of Serbia with international obligations. The main novelties include multi-sectoral cooperation and primarily preventive nature of the law. However, from its very adoption, it has been pointed to its noticeably repressive character, as well as to provisions with potentially harmful impacts. Hence, this paper represents a contribution to the discussion on the importance and scope of the solutions provided for in the Act on Prevention of Domestic Violence. On the one hand, it points to major novelties intended to contribute to a more effective prevention of domestic violence. On the other hand, it questions the constitutionality and appropriateness of some of the legal solutions, arguing that, in particular respects, the lawmaker had to use a wiser and more subtle approach to conceptualising the provisions of this law.

Continentia in the Confessions 8, 26-27

Augustinianum ◽  
2020 ◽  
Vol 60 (1) ◽  
pp. 71-104
Author(s):  
Bernard Bruning ◽  
Keyword(s):  
The Other ◽  
The Past ◽  
Other Hand ◽  
The Will ◽  
The One

This paper aims to show, on the one hand, that the humility mentioned in book 7 of the Confessions would become the prelude for Augustine to the humility that constitutes the true conversion, and, on the other hand, that the context in which this humility presented itself is continentia. In a passage of linguistic beauty (conf. 8, 27), Augustine describes the struggle that occurred between allegorical persons: those who pulled him back with the chain of the past, and those who urged him forward towards the decision to embrace continentia. The enjoyment of love not only requires the truth that remains forever, but also the steadfastness of all the emotions that come together in the lasting unity of the will. According to the author, Augustine in his Confessions has Christianised the Roman uirtus of continentia.

Instrumentalism and Human Rights

2018 ◽  
Author(s):  
Erasmus Mayr
Keyword(s):  
Human Rights ◽  
Moral Rights ◽  
The Other ◽  
Other Hand ◽  
The One ◽  
The Impact

This comment examines the impact of Buchanan’s and Sreenivasan’s critique of the mirroring view on some established theories of human rights, in particular on ‘political’ accounts like Joseph Raz’s, which consider human rights to be a subclass of moral rights. It is argued that, on the one hand, such theories are not best understood as relying on the mirroring view, and, on the other hand, that they have resources to defend the mirroring view against Buchanan’s and Sreenivasan’s criticisms.

Statecraft, Witchcraft, God’s Craft: Religious Diversity and the Forces of Law in South Africa

2017 ◽  
Vol 47 (2) ◽  
pp. 257-284
Author(s):  
Marian Burchardt
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Religious Diversity ◽  
Historical Context ◽  
The Other ◽  
Power Struggles ◽  
Other Hand ◽  
The Law ◽  
The One

AbstractLegal anthropologists and sociologists of religion increasingly recognize the importance of law in current controversies over religious diversity. Drawing on the case of South Africa, this article explores how such controversies are shaped by contestations over what counts as ‘religion’. Analyzing the historical context and emergent forms of institutional secularity from which contemporary contestations over religious diversity draw, the article explores debates and practices of classification around religion, tradition, and culture, and the ways in which these domains are co-constituted through their claims on the law: on the one hand through an analysis of religion-related jurisprudence; on the other hand through an examination of the debates on witchcraft, law, and religion. I argue that the production of judicial knowledge of ‘religion’, ‘culture’, and ‘tradition’ is tied up with contestations over the power to define the meaning of the domains. In fact, contrary to notions of constitutionality in which rights seem to exist prior to the claims made on their basis, in a fundamental sense rights struggles help to constitute the contemporary human rights dispensation. Against the Comaroffs’ claim that judicialization depoliticizes power struggles, I show that legal claims making remains vibrantly political.

scholarly journals Cheating in chess: a call for an integrated disciplinary regulation

2020 ◽  
Vol 8 ◽  
pp. 57-83
Author(s):  
Salomėja Zaksaitė
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
The Other ◽  
Computer Assisted ◽  
Sports Law ◽  
Legal Research ◽  
Other Hand ◽  
Broad Concept ◽  
The One

This article examines recent regulation in the sport of chess with a focus on cheating. On the one hand, disciplinary law in chess could be considered relatively underdeveloped compared with other sports. On the other hand, however, this kind of ‘underdevelopment’ might be appropriate since chess governing bodies have not yet introduced interventionist rules. These two interacting perspectives shape the aim and the objectives of legal research designed to protect the chess community from cheating by suggesting adequate disciplinary measures. The analysis focuses mainly on two forms of cheating: computer-assisted cheating and match-fixing. The broad concept of cheating and relatively young legal regulation in an under-researched sport call for interdisciplinary analysis, therefore, knowledge of sports law, human rights as well as criminology is applied.

scholarly journals Powers of the President in the Romanian Semi-Presidential System. Critical Features

2014 ◽  
Vol 14 (2) ◽  
pp. 71-82
Author(s):  
Neliana Rodean
Keyword(s):  
Legal System ◽  
Political Institutions ◽  
The Other ◽  
Freedom Of Religion ◽  
The Political ◽  
Other Hand ◽  
Presidential System ◽  
The Will ◽  
The Republic ◽  
The One

Abstract In Romania, a semi-presidential system characterized by an exaltation of the powers of the President of the Republic, there would be critical observations to be reported in relation to this institution. More precisely, it refers to the constitutional provisions which weaken the President among the political institutions and could also lead to different interpretations. First of all, the paper examines the President as popularly elected body but that does not reflect fully the will of the nation. Secondly, its oath violated the freedom of religion and if the wording will not be changed, will continue to constitute a discrimination against other non Orthodox President that could be elected. Moreover, the Romanian legal system is characterized by an independence of the President in its relationship with the Parliament but on the one hand, that does not mean that the President is more powerful in the event of dissolution of the Parliament and the other hand, the Parliament is completely independent in determining its competences in relations with the office of the Presidency.

Civilis Princeps: Between Citizen and King

1982 ◽  
Vol 72 ◽  
pp. 32-48 ◽  
Author(s):  
Andrew Wallace-Hadrill
Keyword(s):  
The Other ◽  
Brute Force ◽  
Other Hand ◽  
The Will ◽  
The One

When the emperor Claudius decided, at the instigation of his freedman Pallas, to make a highly unconventional marriage with his niece, he manoeuvred the senate, through the agency of his staunch amicus Vitellius, into passing an ‘unsolicited’ request that he marry Agrippina. He declared that his hesitations would be overcome if the senate put pressure on him: who was he to resist the will of the community, being but a citizen like the rest? Some senators even rushed to the palace promising to compel him by brute force. The incident encapsulates an ambivalence in the emperor's role familiar to all readers of Tacitus. On the one hand the autocratic reality: a decision of high political moment (it was no surprise that Agrippina's son subsequently acceded to the throne) taken in the palace on the counsel of freedmen, potent and resented, involving a violation of the mos maiorum. On the other hand the elaborate and yet transparent republican façade: the senate decrees, the princeps submits to the will of the citizen body.

The fundamental principles of the Red Cross, peace and human rights

1980 ◽  
Vol 20 (217) ◽  
pp. 171-183 ◽  
Author(s):  
Jacques Moreillon
Keyword(s):  
Human Rights ◽  
Common Factor ◽  
The Other ◽  
Red Cross ◽  
Other Hand ◽  
The One

The theme of this paper is not an easy one. The difficulty of our subject is twofold: on the one hand, two of its three facets (peace and human rights) raise conceptual and interpretative problems; on the other hand, to deal with them together would involve finding a common factor, something which is not obvious even—perhaps especially—within the limited framework of the Red Cross movement.

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